Q: My husband owns three LLC's, no end of life docs. If he dies, do those businesses transfer to me, or include his sons?
He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.
A:
The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.
Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable trust. The LLC interests can be assigned to the trust and the trust can provide for the distribution of the membership interests.
The circumstances that you describe call for the drafting and implementation of a succession plan for the operation of the businesses as well.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
